GR L 17077; (April, 1968) (Digest)
G.R. No. L-17077; April 29, 1968
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WENCESLAO FLORES, ET AL., defendants, ELFREN TINO, RAFAEL DEE and MANUEL SUGUITAN, defendants-appellants.
FACTS
On the night of July 1, 1949, a group of armed men broke into the house of spouses Domiciano Gatchalian and Cecilia Diaz in Aringay, La Union. The intruders, using force and intimidation, robbed the inmates of money and valuables. One of the inmates, Cristina Dulay, later confided to her husband that she was raped by one of the robbers, Florentino Picar, in the kitchen at dagger point. The accused, including appellants Elfren Tino, Itting Dee (Rafael Dee), and Manuel Suguitan, were charged with robbery in band with rape. The trial court found them guilty. The Court of Appeals, upon review, believed the penalty of reclusion perpetua was imposable due to aggravating circumstances and certified the case to the Supreme Court. During the pendency of the appeal, accused Federico Estoesta withdrew his appeal. The prosecution evidence included the positive identification of the appellants by the victims and witnesses. Cristina Dulay testified about the rape and a medical officer confirmed the presence of seminal fluid in her vagina, though he admitted it could have been from her husband. The appellants presented alibis: Suguitan claimed he was at a prayer ceremony in Tubao; Tino claimed he was at a gathering in barrio Leones; and Dee claimed he was playing mahjong elsewhere.
ISSUE
Whether the appellants are guilty of the complex crime of robbery in band with rape.
RULING
The Supreme Court modified the decision of the trial court. It held that the evidence for the rape charge was insufficient to establish guilt beyond reasonable doubt. The Court noted inconsistencies and improbabilities in Cristina Dulay’s account, including the claim that the rape occurred while she was menstruating and that it was witnessed by other robbers who did not intervene. The medical evidence was inconclusive as the seminal fluid could have been from her husband. With the rape charge discarded, the crime committed was simple robbery in band under Article 294(5) in relation to Article 295 of the Revised Penal Code. The penalty was reduced. The appellants were each sentenced to an indeterminate penalty of 4 years, 2 months of prision correccional, as minimum, to 10 years of prision mayor, as maximum. The P1,000.00 indemnity to Cristina Dulay was eliminated. The judgment was affirmed in all other respects.